Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 169 Subsection 28(2)(b)(i) Disclosure of personal information 28(2) Subject to any other Act or regulation, personal information in the possession or under the control of a local authority may be disclosed: … (b) for the purpose of complying with: (i) a subpoena or warrant issued or order made by a court, person or body that has the authority to compel the production of information; or Subsection 28(2)(b)(i) of LA FOIP provides that a local authority can disclose personal information without consent if it is for the purpose of complying with a subpoena or warrant or order. To comply with a subpoena, warrant or order means to act in accordance with or fulfill the requirements of the subpoena, warrant or order.460 A subpoena (can also be called a “summons to witness”) is a command issued by a party in litigation requiring the attendance of someone as a witness at a court proceeding or hearing. It will specify a certain place and time when testimony on a certain matter will be required and may also order a person to meet the requirements of a court to disclose information.461 A subpoena may also require the person to bring records, documents, files or other specified information to the court or the hearing.462 Time is usually of the essence in dealing with a subpoena, as it is often served with very little notice. Local authorities cannot ignore subpoenas since they would risk being cited for contempt of court and, at a minimum, fined.463 A warrant is a judicial authorization to collect information – in this context, personal information.464 It is an order of a judicial authority authorizing an officer named or described 460 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-184. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 461 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 273. 462 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-184. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 463 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 273. 464 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 273.
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